DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRE
2
CT ION
NAVY
ANNEX
OF N AVAL
WASHINGTON DC 20370-5100
RECORDS
TRG
Docket No:
13 November 2002
8893-02
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
retired reserve officer filed an application with this Board
requesting that his record be corrected to allow him an
opportunity to qualify for retired pay at age 60.
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 5 November 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner was commissioned in the Naval Reserve on 14
T&66.
During the next 20 years, he earned 19 years of
June
qualifying service for reserve retirement and was promoted to
commander (CDR; O-5).
1975 is not qualifying for retirement,
of the required 50 retirement points necessary for a qualifying
year.
retired effective 1 August 1986.
Inexplicably he requested honorary retirement and was
Only the anniversary year ending 13 June
because he only earned 42
d.
Petitioner states that due to a commitment to his
business, he felt that he could not continue in the Naval
Reserve. Therefore, he requested an honorary retirement with the
intent of returning to a drilling status at a later date to earn
retirement with eligibility for retired pay at age 60.
that he was improperly advised at the time that such action would
be possible, and is now being denied a return to drilling status
because of his age and length of commissioned service.
Petitioner will be 60 years of age on 27 September 2004.
He states
CONCLUSION:
Further, he needed only one more qualifying year
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner was in good standing in
the Naval Reserve at the time of his retirement in 1986 and would
have been retained in the Individual Ready Reserve if he had
requested it.
to attain eligibility for retired pay at age 60 and in his one
non-qualifying year, he was only eight points short of the
requisite 50 points.
It was clear to the Board that he did not
understand his situation and he should have been properly advised
of his options before his-request for retirement was approved.
Given the circumstances,
the Board believes that Petitioner is
not eligible to return to the IRR and no useful purpose would be
served by such action.
Therefore, the Board concludes that the
record should be corrected by transferring eight retirement
points from the anniversary year ending 13 June 1974 into the
anniversary year ending 13 June 1975.
Notification of Eligibility for Retired Pay at Age 60.
is already retired, no further action is necessary.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand his eligible for retired pay at age 60.
He then should be issued a
Since he
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by transferring
eight retirement points from the anniversary year ending 13 June
1974 into the anniversary year ending 13 June 1975 and that he be
issued a Notification of Eligibility for Retired Pay at Age 60.
b. That this Report of Proceedings be filed in Petitioner's naval
record.
It is certified that a quorum was present at the Board's
4.
review and deliberations,
and that the foregoing is a true and
2
complete record of the Board's proceedings in the above entitled
matter.
*.Fp------&
ALAN E. GOLDSMITH
Acting Recorder
ROBERT D.
Recorder
ZSALMAN
,,
Y ”
Pursuant to the delegation of
5.
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
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